1st Technology, LLC v. Facebook

Filing 1

COMPLAINT filed by 1st Technology, LLC; Jury Demand. Filing fee $ 350, receipt number 0752-7749387.(La Porte, Michael)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
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1ST TECHNOLOGY, LLC,
Plaintiff,
v.
FACEBOOK,
Defendant.

COMPLAINT
Case No. ___________
JURY DEMANDED

Plaintiff 1st Technology, LLC complains of defendant Facebook as follows:
JURISDICTION AND VENUE
1. Title 28 U.S.C. § 1338(a) confers jurisdiction in this case because defendant has infringed
plaintiff’s patents. Federal law, namely the Patent Act of 1952, as amended, 35 U.S.C. § 271,
makes patent infringement illegal and actionable through a private cause of action.
2. Defendant has transacted business in this judicial district by making, using, selling, or
offering to sell and distributing software products that violate 1st Technology’s patents either in
this judicial district or in the United States.
3. Title 28 U.S.C. § 1391(d), the general federal venue statute and Title 28 U.S.C. § 1400(b),
the specific venue statute related to patent cases, make venue proper in this case in this district.
PARTIES
4. 1st Technology is a Nevada limited liability company with offices in Las Vegas, Nevada.
1st Technology is the assignee and owns all right, title and interest in and has standing to sue for
infringement of United States Patent Nos.:
5,564,001 (the ‘001 Patent), which is entitled “Method and System for Interactively
Transmitting Multimedia Information Over a Network Which Requires A Reduced
Bandwidth;”
5,745,379 (the ‘379 Patent), which is entitled “Method for the Production and
Transmission of Enhanced Multimedia Information;” and

5,845,088 (the ‘088 Patent), which is entitled “Method for the Production and
Transmission of Enhanced Interactive Multimedia Information.”
5. Defendant Facebook is a Delaware corporation with its principle place of business at
1601 S. California Ave., Palo Alto, California 94304. Facebook has previously and is presently
making, using, selling, offering for sale, and/or importing into the United States software
products (among other products, web-based games available through Facebook) that infringe one
or more claims of the ‘001, ‘379, and ‘088 Patents. Facebook has infringed the ‘001, ‘379, and
‘088 Patents either directly or through acts of contributory infringement or inducement in
violation of 35 U.S.C. § 271. This Court has personal jurisdiction over Facebook by virtue of its
residence in this judicial district, its tortious acts of patent infringement that have been committed
in this judicial district, and its transaction of business in this district.
BACKGROUND
6. Dr. Scott Lewis is an individual residing in Los Gatos, California. Dr. Lewis is the
controlling manager of 1st Technology LLC. Dr. Lewis is the inventor of the ‘001 Patent.
7. Dr. Lewis received B.S. and M.S. degrees with honors in mechanical and electrical
engineering from M.I.T. Dr. Lewis has a Ph.D. from Oxford University in adaptive digital signal
processing as a Marshall Scholar and an M.B.A. from Harvard Business School. Dr. Lewis led
the development of single-chip video and audio compression solutions, as well as the first
automotive video cellular telephone. Dr. Lewis is the inventor of a number of patents in
multimedia communication technology.
8. Defendant Facebook is an online “social media” platform that provides, among a myriad
of other things, games for its users to play.
PATENT INFRINGEMENT BY FACEBOOK
9. Facebook has infringed and continues to infringe the ‘001, ‘379, and ‘088 Patents either
directly or indirectly through acts of contributory infringement or inducement in violation of
35 U.S.C. § 271 through at least its web-based games available through Facebook.com.

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10. Facebook’s infringement, contributory infringement and/or inducement to infringe has
injured 1st Technology and it, therefore, is entitled to recover damages adequate to compensate it
for such infringement, but in no event less than a reasonable royalty.
11. Facebook’s infringement, contributory infringement and/or inducement to infringe has
been willful and deliberate because it has been given notice of or knew of the ‘001, ‘379, and ‘088
Patents and has nonetheless injured and will continue to injure 1st Technology, unless and until
this Court enters an injunction, which prohibits further infringement and specifically enjoins
further manufacture, use, sale and/or offer for sale of products or services that come within the
scope of the ‘001, ‘379, and ‘088 Patents.

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JURY DEMAND
Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, 1st Technology requests a trial
by jury on all issues presented that can properly be tried to a jury.
DEMAND FOR RELIEF
THEREFORE, 1st Technology asks this Court to enter judgment against defendant
Facebook and against its respective joint venture partners, subsidiaries, affiliates, agents, servants,
employees and all persons in active concert or participation with it, granting the following relief:
A.

An award of damages adequate to compensate 1st Technology for the
infringement that has occurred, together with prejudgment interest from the date
infringement began;

B.

All other damages permitted by 35 U.S.C. § 284;

C.

A finding that Facebook has willfully infringed the ‘001 Patent.

D.

A finding that this case is exceptional and an award to 1st Technology of its
attorneys’ fees and costs as provided by 35 U.S.C. § 285;

E.

An injunction prohibiting further infringement, inducement and contributory
infringement of the ‘001, ‘379, and ‘088 Patents; and

F.

Such other and further relief as this Court or a jury may deem proper and just.

Dated: November 13, 2012

Respectfully submitted,

/s/ William Flachsbart
William Flachsbart
[e-mail]
Michael R. La Porte
[e-mail]
Flachsbart & Greenspoon LLC
333 N. Michigan Ave., Suite 2700
Chicago, IL 60601-3901
Phone: [phone]
Fax: [phone]
ATTORNEYS FOR PLAINTIFF, 1ST
TECHNOLOGY, LLC

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